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July 26, 2023
2023-1308

East African Community implements tariff changes for the Financial Year 2023/24

  • The East African Community Secretariat has made changes to the East African Community Customs Management Act, 2004 and the East African Community Common External Tariff (EAC CET).
  • The modifications include changes to import duty rates in the EAC CET for select items, as well as selected stays of application of CET rates for one year, effective 1 July 2023.
  • These measures can either increase or decrease duty rates.

Executive summary

The East African Community (EAC) Secretariat released EAC Gazette Notice No. 11 of 2023 (the Gazette) on 30 June 2023, highlighting changes to the East African Community Customs Management Act, 2004 (EACCMA) and the East African Community Common External Tariff (EAC CET). Through the Gazette, the Council of Ministers (Council) has implemented several changes that affect both individual EAC Partner States and the EAC1 region, with effect from 1 July 2023.

Exercising its powers under Articles 12(3) and 39(c) of the Protocol on the Establishment of the East African Community Customs Union, the Council approved several measures on custom duty rates on the items provided under the Harmonized Commodity Description and Coding System in Annex 1 to the Protocol.

This Alert highlights the changes affecting taxpayers and businesses in Kenya, other EAC partner states, and the EAC region as a whole.

Stays of application of EAC CET rates specific to Kenya

The Council approved various measures on import duty rates in the EAC CET for select items imported into Kenya. These measures are contained in Legal Notice Nos. EAC/129/2023 and EAC/132/2023. The stays of application of CET rates are effective for the one-year period from 1 July 2023. These measures, implemented to address specific economic needs, can cause either an increase or decrease in duty rates. Among the products targeted for an increase in duty rates are iron and steel products, wood products, paper and paper products, car imports, furniture, and textiles.

#

Tariff

Description

EAC CET rate

New rate

1

4202

Travel goods of heading 4202

25%

35%

2

63090010

Worn items of clothing

35% or USD0.40/kg

35% or USD0.2/kg

3

1006.10.00

1006.20.00

1006.30.00

1006.40.00

Rice in the husk

Husked (brown) rice

Semi milled or wholly milled rice

Broken rice

75% or USD345/MT 2

35% or USD200/MT

4

1507.90.00

1511.90.30

1511.90.90

1512.19.00

1515.29.00

Refined soya bean oil

RDB palm olein

Other palm oil

Refined sunflower oil

Refined corn oil

35%

25% or USD500/MT

5

1511.90.40

RDB palm stearin

10%

25% or USD500/MT

6

1517.90.00

Margarine; edible mixtures

35%

35% or USD500/MT

7

1901.90.10

Malt extract

0%

25% or USD250/MT

8

1901.90.90

Other food preparations of flour, groats, meal, starch

25%

25% or USD250/MT

9

1904.10.00

1904.90.00

Prepared foods obtained by the swelling or roasting of cereals or cereal products

Other

25%

35%

10

1905.31.00

Sweet biscuits

35%

35% or USD525/MT

11

2002.10.00

2002.90.00

Tomatoes, whole or in pieces

35%

35% or USD250/MT

12

2002.90.00

Other tomatoes

35%

35% or USD400/MT

13

2005.40.00

Peas (pisum sativum)

35%

35% or USD250/MT

14

2005.59.00

Other beans

35%

35% or USD400/MT

15

2005.80.00

Sweet corn (zea mays var. saccharata)

35%

35% or USD250/MT

16

2007.10.00

2007.91.00

2007.99.00

Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter — Other

35%

35% or USD250/MT

17

2103.20.00

Tomato ketchup and other tomato sauces

35%

35% or USD350/MT

18

2103.90.00

Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour & meal & prepared mustard

35%

35% or USD500/MT

19

2710.19.51

Lubricants in liquid form

25%

35%

20

2710.19.52

Lubricating greases

25%

35%

21

3402.31.00

Linear Alkyl Benzene Sulphonic Acid and their salts

10%

25%

22

3402.49.00

Other organic surface-active agents, whether or not put up for retail sale

25%

35% or USD500/MT

23

3903.20.00

Styrene acrylic

0%

10%

24

3924.10.00

3924.90.00

3923.90.90

Articles of plastics

25%

35%

25

4410.11.00
4410.12.00
4410.19.00
4410.90.00

Particle board,
oriented strand board (OSB),
other

25%

35% or USD120/MT

26

4411.12.00

4411.13.00

4411.14.00

4411.92.00

4411.93.00

4411.94.00

Fiberboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances

25%

35% or USD140/MT

27

4412.10.00

4412.31.00

4412.33.00

4412.34.00

4412.39.00

4412.41.00

4412.42.00

4412.49.00

Plywood, veneered panels and similar laminated wood

25%

35% or USD200/M3 3

28

4412.51.00

4412.52.00

4412.59.00

4412.91.00

4412.92.00

4412.99.00

Blockboard,

laminboard and batten board

other

25%

35% or USD200/M3

29

4804.11.00

Unbleached kraft liner

25%

35%

30

4804.19.00

4805.12.00

4805.11.00

4804.29.00

4804.52.00

4804.49.00

4804.42.00

4804.39.00

Paper and paper products

10%

35%

31

4804.21.00

Unbleached sack kraft paper

25%

35%

32

4804.31.00

Other unbleached kraft paper and paperboard weighing 150grams per square metre or less

25%

35%

33

4805.19.00

Other fluting paper

10%

35%

34

4805.24.00

4805.25.00

Testliner

25%

35%

 35

6802.10.00

6802.21.00

6802.23.00

6802.29.00

6802.91.00

6802.92.00

6802.93.00

6802.99.00

Tiles

25%

35%

36

6907.21.00
6907.22.00
6907.23.00
6907.30.00
6907.40.00

Ceramic flags and paving, hearth or wall tiles; unglazed ceramic mosaic cubes and the like, whether or not on a backing; finishing ceramics

35%

35% or USD3/M2 4

37

7207.11.00

7207.12.00

7207.19.00

7207.20.00

Steel products

0%

10%

38

7208.40.00

Not in coils, not further worked than hot-rolled, with patterns in relief

0%

10%

39

7209.16.00

7209.17.00

7209.18.00

7209,26.00

7209.27.00

7209.28.00

7209.90.00

Flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, cold-rolled (cold-reduced), not clad, plated or coated

10%

35% or USD150/MT

40

7210.30.00

Electrolytically plated or coated with zinc / aluminium (metal coating)

25%

35% or USD275/MT

41

7210.41.00

7210.49.00

Corrugated (metal coated — corrugated, cut, profiled sheets) other - (coils (galvanized iron)

35% and 25% or USD200/MT respectively

35% or USD300/MT

42

7210.61.00

Plated or coated with aluminium zinc alloys

25% or USD200/MT

35% or USD300/MT

43

7210.69.00

7210.70.00

7210.90.00

Other - painted, varnished or coated with plastics

25% or USD200/MT

35% or USD300/MT

44

7211.19.00

Other flat-rolled products of iron or steel

10%

25% or USD300/MT

45

7211.23.00

Containing by weight less than 0.25% of carbon (cold rolled steel)

10%

10% or USD150/MT

46

7211.29.00

Other flat-rolled products of iron or non-alloy steel, less than 600 mm wide, not clad, plated or coated, not further worked than cold-rolled, containing by weight more than 0.25% of carbon

25%

25% or USD250/MT

47

7211.90.00

Other flat-rolled products of iron or non-alloy steel, of a width of

10%

10% or USD150/MT

48

7212.20.00

Electrolytically plated or coated with zinc (Metal)

10%

35% or USD275/MT

49

7212.30.00

Otherwise plated or coated with zinc

25% or USD200/MT

35% or USD275/MT

50

7212.40.00

7212.50.00

Painted, varnished or coated with plastics

Otherwise plated or coated

35%

35% or USD350/MT

51

7212.60.00

Flat-rolled products of iron or non-alloy steel, less than 600 mm wide, clad

10%

35% or USD350/MT

52

7214.10.00
7214.30.00
7214.91.00
7214.99.00
7215.10.00
7215.50.00
7215.90.00

Iron and steel reinforcement bars and hollow profiles

35%

35% or USD300/MT

53

7214.20.00

Containing indentations, ribs, grooves or other deformations produced during the rolling process or treated after rolling

35%

25% or USD300/MT

54

7216.31.10

7216.32.10

7216.33.10

7216.40.10

U sections

I sections

H sections

L or T sections

0%

35% or USD350/MT

55

7217.10.00

Wire of iron or non-alloy steel

Not plated or coated, whether or not polished

10%

35% or USD300/MT

56

7217.20.00

Wire of iron or non-alloy steel, plated or coated with zinc

25%

35% or USD300/MT

57

7217.30.10

Of a kind used in the manufacture of tires

25%

35% or USD 300 / MT

58

7221.00.00

Bars and rods, hot-rolled, in irregularly wound coils, of stainless steel

10%

35% or USD375/MT

59

7222.11.00

7222.19.00

7222.20.00

7222.30.00

7222.40.00

Other bars and rods of stainless steel;

angles, shapes and sections of stainless steel.

10%

35% or USD300/MT

60

7225.50.00

Other, not further worked than cold-rolled (cold-reduce

10%

10% or USD150/MT

61

7225.91.00

7225.92.00

 Electrolytically plated or coated with zinc (metal coated)

Otherwise plated or coated with zinc (metal coated

10%

35% or USD300/MT

62

7225.99.00

Other flat-rolled products of other alloy steel, 600

mm or wider

10%

35% or USD300/MT

63

7226.92.00

Flat-rolled products of other alloy steel, less than 600 mm wide, not further worked than cold rolled (cold-reduced)

10%

10% or USD150/MT

64

7226.99.00

Other flat-rolled products of other alloy

steel, less than 600 mm wide

10%

35% or USD350/MT

65

7305.31.00

7305.39.00

7305.90.00

Steel products

10%

35% or USD350/MT

66

7306.30.00

Other, welded, of circular cross-section, of iron or non-alloy steel

25%

35% or USD350/MT

67

7306.40.00

Other, welded, of circular cross-section of stainless stee

25%

35% or USD350/MT

68

7306.50.00
7306.61.00
7306.69.00
7306.90.00

Other, welded, of circular cross-section, of other alloy steel

25%

35% or USD350/MT

69

7308.10.00

7308.20.00

7308.30.00

7308.40.00

7308.90.91

7308.90.99

Bridges and bridge-sections; towers and lattice masts; doors, windows and their frames and

thresholds for doors; equipment for scaffolding,

shuttering, propping or pit propping; road guard rails; other (structural steelwork)

10% and 25%

35% or USD350/MT

70

7310.10.00

Milk cans that hold 50 liters or more

25%

35% or USD300/MT

71

7311.00.00

Containers for compressed or liquefied gas, of iron or steel

0%

35%

72

7313.00.00

Barbed wire of iron or steel; twisted hoop or single flat wire, barbed or not, and loosely twisted double wire, of a kind used for fencing, of iron or steel

35%

35% or USD375/MT

73

7314.31.00

Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel — plated or coated with zinc

25%

35% or USD300/MT

74

7317.00.00

Nails, tacks, and drawing pins, corrugated nails staple other than those of heading 83.05 and similar articles of iron or steel, whether or not with heads of other materials

25%

35% or USD350/MT

75

7318.11.00

7318.12.00

7318.13.00

7318.14.00

7318.16.00

7318.19.00

7318.23.00

7318.29.00

Coach screws

Other wood screws

Screw hooks and screw rings

Self-tapping screws

Nuts

Other

Rivets

Other

10% or 25%

35% or USD350/MT

76

7318.15.00

Other screws and bolts, whether or not with their nuts or washers

25%

35% or USD350/MT

77

7320.10.00

Leaf-springs and leaves thereof

35%

35% or USD350/MT

78

7321.19.00

7321.89.00

Stove, range, grates, cookers (including those with subsidiary boilers for central heating), barbecues, braziers, gas rings, plate warmers and similar non-electric domestic appliances, and part thereof, of iron or steel — other, including appliances for solid fuel -other, including appliances for solid fuel

10%

35%

79

7323.10.10

Iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like

25%

35% or USD350/MT

80

7323.10.90

Iron or steel wool; other pot scourers and scouring or polishing pads

25%

35% or USD350/MT

81

7326.90.90

Other articles of iron and steel

25%

35% or USD350/MT

82

7407.29.00

Rods, bars, profiles of other copper alloys

10%

25%

83

7604.10.00

7604.21.00

7604.29.00

Aluminium bars, rods and profiles of aluminium — not alloyed

Hollow profiles of aluminium alloys

Other — of aluminium alloys

25%

35% or USD1000/MT

84

7606.11.00

7606.12.00

7606.91.00

Aluminium coils — plain - not alloyed

Aluminium coils — Painted

Of aluminium, not alloyed

25%

35% or USD1000/MT

85

7612.90.90

Aluminium milk cans

25%

35% or USD1,000/MT

86

7615.10.00

Table, kitchen or other household articles and parts thereof

25%

35% or USD1500/MT

87

8304.00.00

Filing cabinets

25%

35% or USD350/MT

88

8311.10.00

Coated electrodes of base metal, for electric arc-welding

25%

35% or USD350/MT

89

8507.10.00

8507.20.00

Lead-acid, of a kind used for starting piston engines

Other lead-acid accumulators

25%

35%

90

85171300

85171400

Mobile phones

0%

25%

91

8528.72.90

Television sets

25%

35%

92

8536.50.00

Other switches for a volt not exceeding 1,000 volts

10%

35%

93

87.02

87.03

87.04

All motor vehicles of tariff headings 8702, 8703 and 8704 currently attracting CET rate of 25%

25%

35%

94

8701.21.90

8701.22.90

8701.23.90

8701.24.90

8701.29.90

Road tractors for semi-tailers

10%

25%

95

8716.31.90

8716.39.90

8716.40.90

Trailers and semi-trailers

10%

35%

96

9403.10.00

9403.20.00

9403.30.00

9403.40.00

9403.50.00

9403.60.00

9403.70.00

Furniture

35%

45%

97

9406.10.90

9406.20.90

9406.90.90

Prefabricated buildings - Others

35%

35% or USD350/MT

98

9619.00.90

Baby Diapers

25%

35%

99

Chapter 61 and 62 (Excluding the sensitive items at 50% rate: 6211.42.10 6211.43.10 6211.49.10)

Articles of apparel and clothing accessories, knitted or crocheted and Articles of apparel and clothing accessories, not knitted or crocheted

25%

35%

100

Heading 8544 excluding cables of tariff 8544.70.00

Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fiber cables, made up of individually sheathed fibres, whether or not assembled

25%

35%

101

Various

Various textile fabrics and products of Chapters 50,51,52,53,54,55,56,58,59, 60

0%, 10%, or 25%

25% or USD0.75/kg

General stays of application of the EAC CET 2022

The Council stayed the application of EAC CET duty rates on equipment imported by manufacturers for the manufacture of garments and other textile products for Rwanda, Tanzania, and Uganda. The list of goods is contained in Legal Notice No. EAC/133/2023 (see Gazette, linked below 5). They include clothes hangers, safety pins of iron and steel, sewing needles, knitting needles, bodkins, crotchet hooks, scissors, and electric smoothing irons.

The Council also stayed the application of EAC CET duty rates for equipment imported by manufacturers of footwear (shoes), to apply the specified duty rate for one year starting 1 July 2023 for the specified partner states. The list of the items is contained in Legal Notice No. EAC/134/2023 (see Gazette*).

Increase of import duty rates in the EAC CET 2022

The following are the approved increases in import duty rates on imports of the affected items in the EAC CET. The items have been moved to the Fourth Band of the EAC CET 2022, attracting a higher import duty rate of 35%.

Increase in import duty rates in EAC CET

Tariff

Description

Previous rate

New rate

0102.29.00

Other live cattle, not pure-breeding

25%

35%

0102.39.00

Other live buffalo, not pure-breeding

25%

35%

0102.90.90

Other live bovine animals, not pure-breeding

25%

35%

0103.91.00

Other live swine, not pure-breeding, weighing less than 50kg

25%

35%

0103.92.00

Other live swine, not pure-breeding, weighing 50 kg or more

25%

35%

0104.10.90

Other live sheep, not pure-breeding

25%

35%

0104.20.90

Other live goats, not pure-breeding

25%

35%

0407.21.00

Other fresh eggs of fowls of the species Gallus domesticus (chicken eggs)

25%

35%

0409.00.00

Natural honey

25%

35%

0714.10.00

Manioc (cassava)

25%

35%

0802.11.00

Almonds in shell

10%

35%

0802.22.00

Hazelnuts or filberts (Corylus spp.) Shelled

25%

35%

0802.61.00

Macadamia nuts in shell

25%

35%

2001.10.00

Cucumbers and gherkins

25%

35%

4421.20.00

Coffins

25%

35%

6402.19.00

6403.19.00 6403.51.00 6404.19.00 6404.20.00

6405.20.00 6405.90.00

Footwear

25%

35%

7317.00.00

Nails, tacks, drawing pins, corrugated nails, staples (other than those of heading 83.05) and similar articles, of iron or steel, whether or not with heads of other material, but excluding such articles with heads of copper

25%

35%

Chapter 3

Fish and crustaceans, molluscs and other aquatic invertebrates (225 Tariff Lines all at 25% import duty rate)

25%

35%

Amendments to the EAC CET 2022 structure

Through Legal Notice No. EAC/129/2023, the EAC CET 2022 was amended by restructuring Tariff Heading 1701 by the creation of new tariff number 1701.99.20 for other sugar (for industrial use) and changing the tariff number 1701.99.10 to white refined sugar (for industrial use).

Through Legal Notice No. EAC/1/2023 of the Gazette, several tariff lines under Chapters 21 and 48 of the EAC CET 2022 were deleted and new structures created for the various tariff headings. However, these decisions came into force on the 1st of July 2023. (See Gazette5.)

Amendment to the Fifth Schedule of the EAC Customs Management Act, 2004.

The Exemptions Regime under the Fifth Schedule to the Act, in Paragraph 27 Part B-General Exemptions, has been amended by deleting the words "plastic bags" appearing immediately after the words "bio digesters." This is in alignment with Paragraph 13 of Part A of the Second Schedule of the same Act, which prohibits the importation of plastic articles of less than 30 microns for the conveyance or packing of goods. These plastic bags are considered an environmental hazard and their importation into Kenya and some other partner states is prohibited.

Revocation of Legal Notice No. EAC/86/2019

The Council issued a Notice to expunge Legal Notice No. EAC/86/2019, which provided for a remission of duty on raw materials and industrial inputs for the manufacture of footwear (shoes) imported by footwear manufacturers. The same goods will now enjoy EAC-wide Duty Remission under Legal Notice No. EAC/144/2023 of 30 June 2023, which took effect on 1 July 2023. The expunging of the Legal Notice removed a redundant provision. In addition, the new Legal Notice contains an expanded list of 17 items (up from 10). (See Gazette5.)

COMESA & SADC preferential rates of duty with a certificate of origin

The Council granted the Republics of Burundi, Rwanda, Uganda and Kenya a stay of application of EAC CET duty rates on originating goods imported from the Common Market for Eastern and Southern Africa (COMESA) from 1 July 2023 through 30 June 2024; and granted the United Republic of Tanzania a stay of application of the EAC CET duty rates on originating goods imported from Southern Africa Development Community (SADC) from 1 July 2023 through 30 June 2024. Importers of goods originating from COMESA/SADC with a valid certificate of origin will benefit from preferential rates for one additional year.

Duty remission

The EAC duty remission scheme allows waiver of duty or refrainment from exacting of duty on gazetted inputs imported by gazetted users. The Gazette stipulates items approved by the Council to be imported at a lower rate under remission in accordance with Section 140 of EACCMA and the EAC Duty Remission Regulations, 2008. The scheme is applicable to those importing raw materials for manufacture of finished products for export outside the EAC or imports of raw materials considered as essential goods for manufacture of finished products either for export or domestic consumption.

Duty remission approvals for Kenya

The Council has granted duty remission for various raw materials and industrial inputs for the manufacture of finished goods in accordance with the duty remission scheme and any conditions stipulated thereto when imported by manufacturers from the Republic of Kenya for one year:

#

HS Code

Description

EAC CET rate

Rate under remission

Motivation

1

Various

Inputs for the manufacture/ assembly of mobile phones

Various

0%

Promote local manufacture/ assembly of mobile phones

2

Various

Inputs for manufacture of animal feeds

Various

0%

Make animal feeds affordable

3

1001.99.10
1001.99.90

Hard wheat
Other wheat

35%

10%

Wheat produced in region not sufficient to meet demand by approved manufacturers

4

7210.61.00

Alu-zinc coated steel coils

25% or USD200/MT

0%

Inputs for manufacture of stone-coated roofing tiles

2517.49.00

Stone chips

10%

0%

3906.90.00

Acrylic co-polymers

10%

0%

5

8538.90.00

Inputs for manufacture of wiring harnesses for vehicles and motorcycles

Various

0%

Reduction of cost of inputs for local manufacturers

4016.99.00

8205.59.00

8536.10.00

8536.69.00

8536.90.00

8547.20.00

3926.90.90

3917.32.00

8544.30.00

6

4804.19.00

Inputs and raw materials for use in the manufacture of energy saving stoves

Various

0%

Reduction of cost of inputs for local manufacturers

3917.39.00

6806.10.00

7210.61.00

7220.12.00

7306.30.00

7318.23.00

3907.99.00

3905.50.00

7318.22.00

4016.99.00

4819.10.00

7209.27.00

7217.10.00

7306.40.00

7321.90.00

7

3909.50.00

Acrylic polymers

10%0%

Essential inputs for leather and footwear manufacturing

87409.11.00
7409.19.00
7410.11.00
7410.12.00
7409.21.00
3810.90.00

Copper/brass foils in coils
Copper strips in coils
Copper foils in coils
Brass radiator foils in coils
Radsol bake flux
Radiator flux

10%0%

These inputs for manufacture of radiators not available in region

Note: If duty remission has been granted for manufactured goods for export that end up being sold within EAC, full duties/CET will apply whether or not the taxpayer possesses a valid EAC certificate of origin. However, originating goods from the Republic of Kenya and the United Republic of Tanzania manufactured using sugar for industrial use of tariff 1701.99.20 at regional remission (10%) will be accorded preferential tariff treatment when transferred to the Republic of Uganda.

Changes affecting other partner states

  • The Council approved stays of application on select items imported into Burundi, Rwanda, Tanzania and Uganda.
  • Uganda was granted a stay of application of the EAC CET rate in respect of textiles and garments, to apply a duty rate of 35% for one year.
  • The Council also stayed the application of the EAC CET rates in favor of a duty rate of 0% on various telecommunication equipment imported for use by the telecommunication sector in Rwanda.
  • The Council granted a stay of application on goods imported for implementation of projects under a special operating framework arrangement with the Government for Uganda, Burundi and Rwanda, with such imports attracting duty at the rate of 0%.
  • Manufacturers in Uganda and Rwanda will enjoy duty remission of between 0% and 10% on the importation of raw materials and industrial inputs for the manufacture of furniture and garments and other fabricated textiles.
  • The Council also approved remission of between 0% and 10% for Burundi, Rwanda, Tanzania and Uganda on raw materials and inputs for the manufacture of garments and fabricated products.
  • Burundi was granted remission at rates between 0% and 10% on various raw materials and inputs imported into the country.
  • The Council granted a stay of application on goods imported for implementation of projects under a special operating framework arrangement with the Governments of Uganda, Burundi and Rwanda. These imports will attract duty at the rate of 0%.

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For additional information with respect to this Alert, please contact the following:

Ernst & Young (Kenya), Nairobi

Published by NTD’s Tax Technical Knowledge Services group; Carolyn Wright, legal editor

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ENDNOTES

1 The East African Community is a regional intergovernmental organization of seven partner states: the Republic of Burundi, the Democratic Republic of Congo, the Republic of Kenya, the Republic of Rwanda, the Republic of South Sudan, the Republic of Uganda, and the United Republic of Tanzania.

2 MT stands for metric ton.

3 M3 means cubic meter.

4 M2 means square meter.

5 See link to EAC Gazette for comprehensive changes here.